Scanlin v. Conshohocken Borough
Supreme Court of Pennsylvania
Appeal, No. 188, Jan. T., 1904, by plaintiffs, from decree of C. P. Montgomery Co., Oct. T., 1902, No. 1, dismissing bill in equity in case of Mary Scanlin, James P. Scanlin and Lizzie A. Scanlin v. Burgess and Council of Conshohocken Borough and David H. Ross, William Little and John A. Harrokl, Street Commissioners. Bill in equity for an injunction.
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Appeal, No. 188, Jan. T., 1904, by plaintiffs, from decree of C. P. Montgomery Co., Oct. T., 1902, No. 1, dismissing bill in equity in case of Mary Scanlin, James P. Scanlin and Lizzie A. Scanlin v. Burgess and Council of Conshohocken Borough and David H. Ross, William Little and John A. Harrokl, Street Commissioners. Bill in equity for an injunction. The plaintiffs in their bill filed averred that they were the owners of a tract of land bounded by Corson and Foulke streets, Conshohocken ; that the defendants had caused to be laid a pavement and curbing across said lots and not on the street…
1Opinion of the Court
Per Curiam,
It is conceded that the title to the lots in question is in plaintiffs, but that for more than twenty-one years the public have been in the habit of using a short cut across the corner. The whole question in controversy is whether the use was equivalent to a dedication by which the public have acquired an easement of way, or was merely permissive and may be stopped by the plaintiffs as owners at their will. This is the exact question held in O’Neil v. McKeesport, 201 Pa. 386, to be a question at law, and not cognizable in the first instance, in a court of equity. We do not pass…
2Cases cited1 opinion
- O'Neil v. McKeesportSupreme Court of Pennsylvania · 1902
3Cited by8 opinions
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- Bennett v. ScottCourt of Chancery of Delaware · 1929
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